RESOLUTION
AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A
VARIANCE TO REDUCE THE MINIMUM SIDE YARD SETBACK ON A CORNER LOT
FROM 15 FEET TO FIVE FEET FOR THE CONSTRUCTION OF AN ADDITION TO
THE DWELLING ON PROPERTY LOCATED AT 2635 MINNESOTA AVENUE (ALEX
AND BRENDA KRAMER).

BY
COUNCILOR GILBERT:

WHEREAS,
William M. Burns, attorney on behalf of Alex and Brenda Kramer, has applied
to the board of zoning appeals for a variance to reduce the minimum side
yard setback on a corner lot from 15 feet to five feet for the construction
of an addition to a dwelling on property located at 2635 Minnesota Avenue
and legally described as Lots 157 and 159, Lower Duluth - Minnesota Avenue,
and Lots 158 and 160, Lower Duluth - St. Louis Avenue; and

WHEREAS,
the board of zoning appeals denied the variance to reduce the corner side
yard setback because they found that no hardship to the property existed
which constituted special circumstances or conditions applying to the
building or land in question which was peculiar to such property and that
did not apply generally to other land or buildings in the vicinity, and
because it was not necessary for the preservation and enjoyment of a substantial
property right and was merely a convenience of the applicant; and

WHEREAS,
William Burns has appealed the aforesaid decision to the Duluth City Council;
and

WHEREAS,
the city council has considered this appeal and agrees with the decision
of the board of zoning appeals that the granting of a variance to reduce
the minimum corner side yard setback requirement is not appropriate in
this case; and

WHEREAS,
the council finds that there do not exist factors or circumstances that
are unique to the subject property which cause the applicant, through
no act of their own from enjoying a reasonable use of the property because
the site is sufficient in size to be able to allow the proposed structure
to meet the setback requirements imposed on it by the code;

NOW,
THEREFORE, BE IT RESOLVED, by the city of Duluth that the board of zoning
appeals’ decision of September 28, 2004, is hereby affirmed by the
city council and the appeal is denied.

STATEMENT
OF PURPOSE: This resolution affirms the decision of the board
of zoning appeals to deny a request to reduce the minimum side yard setback
on a corner lot from 15 feet to five feet for the construction of an addition
to a dwelling on property located at 2635 Minnesota Avenue. The council
agreed with the board’s findings that there were no physical characteristics
peculiar to the property preventing the owner from exercising a substantial
property right, and that granting a variance would result in negative
impacts on the surrounding neighborhood. The council determined that granting
a variance would violate the requirements of the zoning code.